The case concerns a cassation appeal before the Judicial Collegium of the Tashkent City Court reviewing a conviction under Article 113(4) of the Criminal Code of Uzbekistan for knowingly exposing another person to HIV infection and allegedly transmitting the virus during unprotected sexual relations.
The convicted person, A.A., had a long prior criminal record and was registered as HIV-positive since 2006 according to medical records from the Tashkent City AIDS Center. The prosecution alleged that in June 2024, while aware of his diagnosis and despite repeated official warnings, he engaged in unprotected sexual intercourse with his acquaintance Z.Z., resulting in HIV transmission. The victim’s testimony, medical documentation, and expert evidence confirmed both prior HIV status and subsequent infection. A.A. disputed full knowledge of his diagnosis, claiming he had not been properly informed in earlier years and believed he had recovered after a negative test in 2022.
The court of first instance had sentenced him to five years’ imprisonment in a strict regime colony and classified him as an especially dangerous recidivist. On appeal, the defence requested acquittal or a reduced sentence, arguing insufficient proof of intent and procedural uncertainties regarding his medical notification history. The victim, however, reported no civil claims and requested leniency.
The appellate court upheld the conviction, confirming that the evidence sufficiently established guilt and correct legal classification under Article 113(4). However, it found grounds to partially satisfy the appeal on sentencing. Taking into account mitigating factors such as partial admission of guilt, remorse, health condition, absence of victim complaints, and applying Article 57 of the Criminal Code, the court reduced the sentence below the statutory minimum.
It also removed the designation of “especially dangerous recidivist,” finding insufficient grounds for such classification. The final sentence was set at three years and six months of imprisonment in a strict regime colony. The remainder of the original judgment was left unchanged.
